WP(C) NO. 15086 OF 2024 1 2025:KER:24952 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH MONDAY, THE 24TH DAY OF MARCH 2025 / 3RD CHAITHRA, 1947 WP(C) NO. 15086 OF 2024 PETITIONER: BIJU.P.K AGED 53 YEARS SECRETARY, NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM. RESIDING AT PUTHENPURAKKAL HOUSE, NEDUMKUNNAM, KOTTAYAM., PIN - 686542 BY ADVS. P.N.MOHANAN C.P.SABARI AMRUTHA SURESH GILROY ROZARIO RESPONDENTS: 1 THE MANAGING COMMITTEE OF NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM , REPRESENTED BY ITS PRESIDENT., PIN - 686542 2 VIMALACHANDRAN.S, MEMBER SUBCOMMITTEE NEDUMKUNNAM REGIONAL SERVICE CO- OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM, PIN - 686542 3 JOHNCY.K.JOHN MEMBER SUBCOMMITTEE NEDUMKUNNAM REGIONAL SERVICE CO- OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM, PIN - 686542 4 SAJIKUMAR.P.K MEMBER SUBCOMMITTEE NEDUMKUNNAM REGIONAL SERVICE CO- WP(C) NO. 15086 OF 2024 2 2025:KER:24952 OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM, PIN - 686542 5 ADMINISTRATIVE COMMITTEE OF NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK ( SOUGHT TO BE IMPLEADED ) LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM REPRESENTED BY CONVENER ( SOUGHT TO BE IMPLEADED ) 6 RENJAN KUMAR ( SOUGHT TO BE IMPLEADED ) CONVENER, ADMINISTRATIVE COMMITTEE, NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM ( SOUGHT TO BE IMPLEADED ) 7 K.N.SASINDRAN ( SOUGHT TO BE IMPLEADED ) MEMBER, ADMINISTRATIVE COMMITTEE NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM ( SOUGHT TO BE IMPLEADED ) 8 V.N.BALAKRISHNAN NAIR ( SOUGHT TO BE IMPLEADED ) MEMBER, ADMINISTRATIVE COMMITTEE, NEDUMKUNNAM REGIONAL SERVICE CO-OPERATIVE BANK, LTD.NO.286, NEDUMKUNNAM P.O, KOTTAYAM ( SOUGHT TO BE IMPLEADED ) BY ADVS. TISSY ROSE K CHERIYAN KAYYALAPARAMPIL ASHIKA JOSHY(K/000760/2023) SHABNA.N(K/001773/2023) AMRUTHA SELVARAJ(K/3868/2023) THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 15086 OF 2024 3 2025:KER:24952 JUDGMENT The present writ petition has been filed by the petitioner impugning memo of charges, enquiry report and order imposing punishment of reversion to the post of Senior Clerk. 2. The petitioner was employed as a Junior Clerk in the 2nd respondent Society. Subsequently, he was promoted as Senior Clerk during December 2008, Branch Manager on 01.09.2015, Assistant Secretary on 01.11.2015 and finally Secretary on 01.12.2015. The petitioner faced disciplinary proceedings and after the conclusion of the enquiry, the petitioner had been implicated with the punishment of reversion to the post of Senior Clerk vide impugned Ext.P6 order dated 06.04.2024. 3. The petitioner has a statutory remedy of filing the departmental appeal as well as approaching the Co-operative Arbitration Court. Instead of taking recourse to the statutory remedies available to the petitioner, the petitioner has approached this Court in the present writ petition. Therefore, I find no ground to entertain this writ petition in the light of the availability of the statutory remedies to the petitioner. WP(C) NO. 15086 OF 2024 4 2025:KER:24952 Thus, the present writ petition is dismissed with liberty to the petitioner to approach the appropriate statutory authority against the impugned Ext.P6 punishment order dated 06.04.2024 and if the petitioner takes recourse to such a remedy available to him within a period of three weeks from today, the Appellate Authority/Arbitration Court as the case may be shall proceed with the merit of the case without going into the question of limitation. Sd/-D. K. SINGH JUDGE lsn WP(C) NO. 15086 OF 2024 5 2025:KER:24952 APPENDIX OF WP(C) 15086/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE RELEVANT PORTION OF THE FEEDER CATEGORY APPROVED BY THE JOINT REGISTRAR Exhibit P2 THE RELEVANT MINUTES OF THE MANAGING COMMITTEE AND RELEVANT READABLE PORTION OF THE RESOLUTION NO.84 (2) DATED 08.05.2023 Exhibit P3 TRUE COPY OF THE MEMO OF CHARGES DATED 12.10.2023 OF THE SECOND RESPONDENT Exhibit P4 TRUE COPY OF THE JUDGMENT DATED 14.12.2023 IN W.P.(C).NO. 38056/2023 Exhibit P5 TRUE COPY OF THE REPORT DATED 12.03.2024 Exhibit P6 TRUE COPY OF THE ORDER DATED 06.04.2024 OF THE SECOND RESPONDENT AND RESOLUTION OF THE RESPONDENTS 2 TO 4 DATED 06.04.2024 Exhibit P7 TRUE COPY OF THE PHOTOCOPY OF THE MINUTE BOOK DATED 26.08.2023 AND DTP COPY OF RELEVANT RESOLUTION NO.124 (8) RESPONDENT EXHIBITS Exhibit R2(a) True copy of the Audit report and Audit Memorandum obtained under the Right to Information Act, 2005 with its english translation